The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-11-22
VOOLFOLK UP IN COURT.
THE OPENING OF HIS CASE POST
PONED TWO WEEKS.

Put OF Until the First Week in Janu-
ary-Absent Witnesses and a Desire
to Catch Jack Dubose the Grounds.
MACON, GA, Nov. 2l.-The sensation to-
day in Macon was the trial of Thomas
G. Voolfolk for the murder of
his father, mother, sisters and brothers,
nine in number. The court house
was densely packed, the crowd as
sembling at an early hour. There was the
greatest interest manifested. Nine counts
for murder had been found against the pris-
oner by the present grand jury, of which d.
c.. Smith was foreman. 1t was only on the
first indictment, however, charging him
with the murder of his father, r. F. Wool
folk, Sr., that Solicitor General Hardeman
decided to try him, as the trial on the other
indictments depended on the result of the
first.
Voolfolk entered the Superior Court
room at two minutes to 9 o'clock, hand
cuffed and under charge of Sheriff West
colt After being seated, Sheriff Westcott
took the handouts off of Voolfolk, and the
first act the pr soner did was to put light
ed cigar in his mouth and commence smok-
ing. He calmly looked around him and did
not appear very much concerned by his
of hang dog look on his face
WELL DRESSED.
He was attired in a new suit of brown
clothes, which had been given him on Sat
urday by his bTother-in-law, Mr. Cowan, OF
Hawkinsvlle He had on a clean shirt and
collar, but wore no cravat His shoes had
been well blackened. His entire dress APP
pearance was neat and clearly. He wore
luil short beard, and on leaving the jail on
his way to the court house asked Sheriff
Westcott to let him stop and shave. but
this request was refused. as the Sheriff had
only a few minutes in which to reach
court by the opening hour. He had moth
ing to say to the Sheriff about the trial to-
day After remaining in the court room
ten MINUTES Sheriff Westcott took him up
stairs in the old County Court room, where
lie was shaved. Voolfolk reappeared int he
court room at 10 o'clock, looking decidedly
improved, his face wearing more pleasing
appearance.
At o'clock sharp Judge Gustin called the
court to order, and Clerk adams commenced
to call the names of the jurors. Two
hundred extra jurors had been summoned
in addition to the regular panels of forty
eight. When the case was sounded the
State, represented by Solicitor Hardeman,
and Messrs Guerry and Hall, announced
ready. Frank R. Walker, of Atlanta, and
j. c. Rutherford, appeared for the defense.
THE DEFENSE NOT READY.
The latter in behalf of the defendant said
that the defense was not ready for several
reasons First the case was set for trial to-
day while both Mr. Walker and himself
were in Atlanta which was a complete sur
prise to them as they did not expect trial at
so early day, and were totally unprepared
for it as they had not had time to get witness
eS here from various points in the State out
sin, of ba n 90
had not even received subppnas. There
were witnesses from counties other than
Bibb county, on whom the defense relied
for valuable testimony. Again the defend
ant had been in jail since the murder, had
no money, and had not been able TO
prepare himself, and get his witnesses
here, and he expected aid of the court under
the law to assist in getting his witnesses
here. One of the witnesses wrote to the de
PENDANTS attorneys that be could not come,
as no money had been furnished him. The
law grants the payment of money by the
State to defray the mileage expenses of wit
nesses living out of the county where the
trial is held in coming to the trial, though
it does not say that this money shall be pre-
paid.
RUTHERFORD NOT PREPARED.
Since his employment as counsel he had
not had time to prepare for trial. 1t was true
that Voolfolk had written to him three
times from the Atlanta Jail to defend him,
but his time had been so occupied in other
courts that he had had no opportunity to
give an answer, and it was only since Wool
folk had been brought back TO Macon that
he had gone into the defense and had any
consultat on with him.
Attorney Walker also made statement
on the same line and called the names of four
witnesses the defense desired present,
namely J. c. Foster, OF Madison, who had
known Voolfolk since his childhood: Mrs.
Cowan, of Hawkinsville; Mr.. Pendleton,
of LaGrange; Mr.. A. Y. Harris, of Monroe
county and Sheriff w. A. Kincher, of
Chez oxoe county. The defense asked for a
postponement of the case until these wit
nesses could reach here. Mrs. CowGn was
the only one of the witnesses in the court
room.
Judge Gustin stated that he would post
pone the trial until the first Monday in De-
cember, which was ample time to get the
witnesses here.
The counsel for the defense thereupon re-
ouested that they be allowed until the sec
ond week in January, otherwise it was
possible that when the case was called in
December they would not be ready for trial
and would then ask for continuance d.
WANT TO FIND DUBosE
Capt. Rutherford stCted that the reason
he desired the case continued until the second
week in December was to allow the defense
time to apprehenda certain escaped convict,
JACK DuDose, who had confessed to the
Sheriff of Cherokee county, by whom he
bad been arrested and jailed, that he knew
all about the killing of the Woolfolks, and
that Thomas Voolfolk was not the guilty
party. Dubose was standing in the Wool
70 k yard ON the night of the murder and
saw Thomas Voolfolk jump out of a win
dow while the blows were being heard in
the house. This Dubose was considered
a weak minded negro and had been
released from Jail, and was now at large.
1t would perhaps be impossible to trace this
negro by the first week in December, but by
the second week in January, with the ex-
ercise of due diligence, the negro might be
caught, brought to Macon, and be the means
of proving Voolfolk innocent of the crime,
and thus save the sacrifice of his life. Du-
bose described the surroundings of the
WooifolS yard very infinitely, even as to the
well and old grave that had become almost
oblterated by time, n rose bush, etc. He
stated that Pearl Voolfolk had been killed
In the hall, and her body then carried into
her fathers room and laid across the foot of
his bed.
FIsHINEsS OF THE TALE.
This tale of Dubose's was published at the
time he told it TO the Sheriff of Cherokee
county, but no crcdence was given it, us it
was stated that he was well known to the
Atlanta police, and had habit of confess
DO - T..